Agenda Item 3. 1
PLANNING AND REGULATION COMMITTEE 2 SEPTEMBER 2013
PRESENT: COUNCILLOR I G FLEETWOOD (CHAIRMAN)
Councillors Mrs V C Ayling, D Brailsford, D C Hoyes MBE, D M Hunter-Clarke, M S Jones, Ms T Keywood-Wainwright, D McNally, D C Morgan, S L W Palmer, N H Pepper, J M Renshaw and T M Trollope-Bellew.
Councillors: Mrs P A Bradwell, Mrs J Brockway, C J Davie, A H Turner MBE JP and Mrs S Woolley attended the meeting.
Officers in attendance:-
Alan Aistrup (Highways Manager (North), Steve Blagg (Democratic Services Officer), Charlotte Lockwood (Solicitor), Neil McBride (Development Manager) and Marc Willis (Principal Planning Officer (Development Management)
60 APOLOGIES/REPLACEMENT MEMBERS
Apologies for absence were received from Councillors C L Strange and C J Underwood-Frost.
Councillors M S Jones and S L W Palmer deputised for Councillors W S Webb and Mrs H N J Powell, respectively, for this meeting only.
61 DECLARATIONS OF INTEREST
It was noted that all member of the Committee had been lobbied in connection with minute 67.
Councillor Mrs V C Ayling requested that a note should be made in the minutes that she was a member of East Lindsey District Council.
Councillor D Brailsford requested a note should be made in the minutes that he had been lobbied in connection with minute 77.
Councillor S W L Palmer requested that a note should be made in the minutes that he was a member of East Lindsey District Council. He requested that a note should be made in the minutes that he had not been lobbied in connection with minute 67.
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62 MINUTES OF THE MEETING OF THE PLANNING AND REGULATION COMMITTEE HELD ON 15 JULY 2013
RESOLVED
That the minutes of the previous meeting of the Committee held on 15 July 2013 be agreed as a correct record and signed by the Chairman, subject to it being noted that Councillor T M Trollope-Bellew had returned to the meeting before its conclusion.
63 MINUTES OF THE SITE VISITS TO ADDLETHORPE AND RIBY HELD ON 29 JULY 2013
RESOLVED
That the minutes of the site meeting by the Committee held on 29 July 2013, to Addlethorpe and Riby, be noted.
64 TRAFFIC MATTER
65 WRAGBY ROAD LINCOLN - PROPOSED ALTERATIONS TO WAITING RESTRICTIONS AND PEDESTRIAN CROSSING FACILITIES
Alan Aistrup presented a report on objections received to the proposed alterations to pedestrian crossing facilities and waiting restrictions in connection with the expansion of the Tesco site on Wragby Road, Lincoln.
Alan Aistrup stated that in connection with the waiting restrictions, officers, in consultation with all of the various parties, had tried to find a solution but it had not been possible to find agreement. A revised scheme of on street parking provision was currently being investigated and would be the subject to formal consultation on revised proposals in due course.
With regard to the problem of a resident not being able to access their property from the east on Wragby Road there was an alternative route from the west as detailed in the report.
On a motion by Councillor D Brailsford, seconded by Councillor I G Fleetwood, it was -
RESOLVED (unanimous)
(a) That the objections in respect of the pedestrian crossing facilities be overruled and the crossing as advertised be implemented. (b) That, in light of the objections, the proposed changes to the waiting restrictions be withdrawn and a revised scheme be re-advertised and consulted upon.
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66 PLANNING APPLICATIONS RELATING TO COUNTY MATTER APPLICATIONS
The Executive Director for Communities presented reports in connection with County developments and responses to consultation were detailed in the reports.
(Because of the presence of public speakers the Chairman agreed to consider minutes 72 and 77 first of the planning applications. It was noted that Councillor C D Morgan arrived in the meeting during discussion of minute 72 and Councillor T Keywood-Wainwright arrived following consideration of minute 77).
67 SUPPLEMENTARY REPORT TO CONTINUE USE OF THE SITE FOR A GREEN WASTE DEPOSIT PROCESSING AND RECYCLING CENTRE AT FORMER PEA VINING STATION, A1173 RIBY ROAD, RIBY - MR S CLARKE - W81/129802/13
(Note: Only those members of the Committee who had attended the site visit on 29 July 2013 were able to participate and vote on this planning application, namely – Councillors D Brailsford, D C Hoyes MBE, M S Jones, Ms T Keywood-Wainwright, S Palmer, N H Pepper, C L Strange and T M Trollope-Bellew).
Since the publication of the report responses to consultation had been received as follows:-
County Councillor Strange – who attended the site visit but is not at the Committee today wished the Committee to know that the applicant should be given a temporary permission for green waste and monitored to make sure they stick to the planning permission and the Environment Agency Permit for three years with access to the site which at the moment resembles a fortress.
Local Resident – who operates a caravan site noticed that one of the caravaners left recently due to the constant smell. It was a particularly bad week for the smell which resulted in us complaining on a number of occasions.
If permission is to be granted the height of the stockpiles should be linked to three metres which will help us.
Councillor A H Turner MBE, JP, the local Member, hoped that the height restrictions for the site would be enforced for the benefit of local residents.
On a motion by Councillor I G Fleetwood, seconded by Councillor S W L Palmer, it was –
RESOLVED (unanimous)
That planning permission be granted subject to the conditions detailed in the report.
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68 SUPPLEMENTARY REPORT TO ALLOW FOR THE IMPORTATION OF INERT RESTORATION MATERIALS TO FACILITATE THE RESTORATION OF PART OF THE QUARRY IN ACCORDANCE WITH THE PROPOSALS CONTAINED WITHIN THE FIRST PERIODIC REVIEW APPLICATION AT CREETON QUARRY, COUNTHORPE ROAD, CREETON - CREETON QUARRY LTD (S24/1752/11)
(Note: Only those Members of the Committee who attended the site visit on 26 June 2013, namely – Councillors Mrs V C Ayling, I G Fleetwood, D Hunter-Clarke, Ms T Keywood-Wainwright, D McNally, Mrs H N J Powell, Mrs J M Renshaw, C L Strange, T M Trollope-Bellew and W S Webb).
On a motion by Councillor T M Trollope-Bellew, seconded by Councillor M S Jones, it was:-
RESOLVED (unanimous)
That planning permission be granted subject to the conditions detailed in the report.
69 TO CHANGE THE USE OF BUILDINGS FROM SHOT BLASTING AND METAL FABRICATION USES (USE CLASS B2) TO THE DEPOLLUTION AND RECYCLING OF END-OF-LIFE VEHICLES AT UNITS 3-6, LOWFIELD NURSERIES, FULNEY DROVE, SPALDING - AAV EXPORTS - H16/0483/13
On a motion by Councillor I G Fleetwood, seconded by Councillor M S Jones, it was -
RESOLVED (unanimous)
That planning permission be granted subject to the conditions detailed in the report.
70 RETROSPECTIVE APPLICATION FOR THE ERECTION OF NEW CENTRIFUGE PLANT AND MACHINERY AT HARMSTON QUARRY, TOWER LANE, HARMSTON - HARMSTON WASTE MANAGEMENT - N30/0486/13
On a motion by Councillor I G Fleetwood, seconded by Councillor D C Hoyes MBE, it was -
RESOLVED (unanimous)
That planning permission be granted subject to the conditions detailed in the report.
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71 TO VARY CONDITIONS 2 AND 7 OF PLANNING PERMISSION W127/129257/12: TO REFLECT REVISIONS TO THE SITE LAYOUT, SIZE OF BUILDING AND LOCATION OF TANKS DUE TO AMENDMENTS TO THE PROPOSED ANAEROBIC DIGESTION TECHNOLOGIES TO BE EMPLOYED AS PART OF THE DEVELOPMENT AT ANAEROBIC DIGESTION PLANT, HEMSWELL CLIFF - MR ADAM DUGUID - W127/130114/13
(Note:- Councillor I G Fleetwood stated that he knew the applicant from previous contacts but this had been some years ago and did not prevent him from chairing or taking part in the debate or vote on this item).
On a motion by Councillor I G Fleetwood, seconded by Councillor D Brailsford, it was –
RESOLVED (unanimous)
That planning permission be granted for the variation of Condition No. 2 and No. 7 as set out in the Council's Decision Notice reference W127/129257/12 dated 11 February 2013 and subject to all other conditions so far as the same are still subsisting and capable of taking effect, and subject to the new conditions to replace Condition No. 2 and No. 7 and an additional condition to secure details of a scheme of noise monitoring as detailed in the report.
72 TO CONSTRUCT A NEW SEWAGE PUMPING STATION, LAY-BY AND ANCILLARY WORKS AT PROPOSED SEWAGE PUMPING STATION, WOODCOTE LANE, BURTON BY LINCOLN - ANGLIAN WATER SERVICES LTD - W14/130249/13
Since the publication of the report responses to consultation had been received as follows:-
Local Residents – object for the following reasons (summarised):-
• Too close to property boundary (6m) which is access to their property. Therefore consider it would have a significant impact on visual amenity of their property in particular views from kitchen and bathrooms which look over Woodgate Lane over the field it is proposed to site the pumping station. The pumping station with the 6m aerial mast would seriously curtail their view especially during the winter months. Also proximity to this property would put them at risk from potential noise, vibration or smell from the pumping station.
• Two metres of the lay-by would be opposite their driveway vehicles parking in the layby would restrict ability to turn into and out of driveway. Also the presence of a layby would encourage other vehicles to use this layby changing character of rural lane. Also operation traffic using the layby and associated noise as vehicles manoeuvre, load and unload would have a significant impact on this residential amenity through noise. There
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is no turning point on Woodcote Lane and is not wide enough for a three point turn.
• Consider the station is visually intrusive and is out of keeping with the rural landscape. The location of the station and its industrial nature would be obtrusive when viewed from the approach to the village and will harm the character and appearance of the Burton Conversation Area. • Consider the three alternative locations identified were all better suited in terms of distance from local residents and impact on the character of the area.
Not against mains sewerage or against the installation of a pumping station in the village but request it is moved to an alternative and more appropriate site.
Officers reported that since the publication of the update highways had confirmed that they had no objections to the planning application.
Ian Waites, an objector, commented as follows:-
1. He lived in the house closest to the application site and had lived there for 30 years. 2. The site was unreasonably close to his property – 5/6 metres away. 3. The provision of a layby was close to his property. 4. He would have a clear view of the development from his property especially when the proposed hedging did not have foliage. 5. Should the application be approved then it should be conditioned so that the hedge was two metres high and mature when planted. 6. He was not against the application but considered it to be too close to his property.
Councillor Mrs J Brockway, the local Member, commented as follows:-
1. The resident who had originally requested the scheme had died. 2. There were good reasons why the scheme had been requested for the village as sewerage ran down the village streets during inclement weather. 3. Anglian Water had arrived to install the scheme with some residents in support and some against. 4. The scheme was important but its location should be examined as it was too close to the objector's property. 5. The layby would mean that maintenance vehicles would park immediately outside of the objector's property.
Comments made by the Committee included:-
1. Highways had not made any adverse comments about access to the application site. 2. How many vehicles proposed to visit the site? 3. There was surplus land available to allow the application to be moved to avoid blocking the view from the objector's house. 4. The highway access was a "dead end". Therefore, how would vehicles turn?
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5. The proposed layby to allow vehicles to turn around was not large enough.
Responses by officers included:-
1. One vehicle was expected to visit the site every six weeks and in exceptional circumstances one tanker. 2. The proposed layby would allow vehicles visiting the site to turn around. 3. Should the Committee wish an alternative site then a new planning application would be necessary.
On a motion by Councillor D C Hoyes MBE, seconded by Councillor I G Fleetwood, it was –
RESOLVED (10 votes for and 0 votes against)
That the application be deferred to allow officers to discuss with the applicant the possibility of moving the location of the application to avoid disruption of the views from the objector's house.
73 RETROSPECTIVE PLANNING PERMISSION IS SOUGHT TO CONTINUE TO USE LAND AND BUILDINGS AS A RECYCLING/PROCESSING PLANT. PLANNING PERMISSION IS SOUGHT TO EXTEND AN EXISTING BUILDING TO PROVIDE ADDITIONAL COVERED STORAGE AT GLEBE FARM, LITTLE GRIMSBY LANE, FOTHERBY - MR N HALES - (E)N52/1302/13
Since the publication of the report responses to consultation had been received as follows:-
Lincolnshire Fire and Rescue – objected on the grounds of water supply and environmental issues. To remove this objection following measures are required:-
• Provide suitable and sufficient emergency water supplies for fire fighting purposes with adequate access for fire appliances.
• Provide drainage and/or water retention strategy for potential fire fighting run-off that is acceptable to the Environment Agency (EA) whose objection is also noted.
Head of Planning – following the submission of further details regarding drainage the EA have withdrawn their objection. In respect of the other issue raised regarding provision of water supplies, it is considered this is a matter to be addressed by way of an informative attached to the Decision Notice.
Comments made by the Committee included:-
1. The preferred colour of the building was grey. 2. The provision of a water supply should be conditioned and not an Informative.
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On a motion by Councillor T M Trollope-Bellew, seconded by Councillor I G Fleetwood, it was –
RESOLVED (12 votes for and 1 vote against. Councillor C D Morgan requested her name should be recorded against this decision)
(a) That, subject to the buildings being painted grey, planning permission be granted subject to the conditions detailed in the report. (b) That the supply of water to the building, be addressed by an Informative attached to the Decision Notice.
74 TO INSTALL A MOBILE CONSTRUCTION AND DEMOLITION RECYCLING PLANT IN ORDER TO PROCESS UP TO 20,000 TONNES OF MATERIAL IMPORTED INTO THE WOODHALL SPA SITE ANNUALLY AT KIRKBY ON BAIN QUARRY, KIRKBY LANE, TATTERSHALL THORPE - AGGREGATE INDUSTRIES UK LTD - (E)S176/1307/13
Since the publication of the report responses to consultation had been received as follows:-
Anglian Water Services – no comments.
Tumby Parish Council – support the application to install a mobile construction and demolition recycling plant.
The Committee commented that HGVs were a problem in Kirby in Bain and requested that the traffic regulation order in connection with the routeing of HGVs from the plant needed to be enforced.
On a motion by Councillor D C Hoyes MBE, seconded by Councillor I G Fleetwood, it was –
RESOLVED (unanimous)
That planning permission be granted subject to the conditions detailed in the report.
75 TO CHANGE THE USE OF EXISTING OFFICES TO RESIDENTIAL USE AND A CHANGE OF USE OF EXISTING COTTAGE TO B1 OFFICE USE ANCILLARY TO THE QUARRY AT HIGHFIELD QUARRY, BLUESTONE HEATH ROAD, WELTON LE MARSH - WELTON AGGREGATES LTD - (E)N199/1320/13
Comments made by the Committee included the need to protect wildlife.
Officers stated that the applicant could be informed an Informative of the need to protect certain wildlife.
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RESOLVED (unanimous)
(a) That planning permission be granted subject to the conditions detailed in the report. (b) That the applicant take all necessary measures to protect wild life protected under the Wildlife and Countryside Act 1981, by means of an Informative.
76 PLANNING APPLICATIONS RELATING TO COUNTY COUNCIL DEVELOPMENTS
77 SUPPLEMENTARY REPORT TO CONSTRUCT A ONE FORM ENTRY PRIMARY SCHOOL AT LAND OFF AINTREE WAY, BOURNE - S12/1101/13
Officers stated that since the previous meeting an alternative access had been investigated but it had not been possible to find one, car parking met the required standards and there was provision for children using their cycles and scooters to school.
Officers stated that since the publication of the report a local resident had responded by stating that there was a lot of local support for the school and many children were within walking distance of the school.
Miss A Steele, an objector, commented as follows:-
1. Objected to the current proposed access. 2. Gave statistical information about the number of children injured on the roads. 3. Parents were worried and many would be walking to the school on the road with buggies and therefore the Council needed to provide an alternative access. 4. An examination of the plans it was clear that an alternative access had not been sought. 5. The Council had a public sector duty to support her human rights to gain access to her property.
In response to questions from the Committee, the objector stated that she lived on the same road (No.74) as the proposed access to the school, prohibition of parking lines on the road would prevent her parking outside her property and South Kesteven District Council had refused her request to park on the grass verge.
Cherry Edwards, representing the applicant, commented as follows:-
1. There was no other current or proposed alternative vehicle access to the school. 2. The Bourne Abbey Church of England Primary Academy has been chosen to sponsor the new school. 3. The new school would promote community cohesion and contribute strongly to the locality. It would bring to the Elsea Park community not just opportunity and vibrancy but listen and consult with the community on a regular basis. 4. It was proposed to consult and liaise with the local community.
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5. The admissions rationale would mean that most children would be from Elsea Park. 6. There would be strong encouragement for pupils to use sustainable means of transport to get to school, e.g. walk, scooter and bicycle. 7. The school would work closely with the local community to promote high standards at the school.
Cherry Edwards responded to questions from the Committee including:-
1. The availability of car park spaces for staff in the first year of opening would be small due to the fact that there would be only one form of entry. 2. Every effort would be made to educate staff, parents and pupils of the need to use sustainable transport to get to school. 3. Depending on the number of cars being used it was possible to allow parking in the infant spaces. 4. There would be senior staff available at Elsea Park to help solve any problems and she was only located five minutes from the school. 5. Her own school had won awards for its healthy approach to school life and children/families were encouraged to cycle and walk to school. 6. Children from Elsea Park currently attended her school and some received free school meals and might not have the use of a car to get to school.
Councillor Mrs S Woolley, the local Member, commented as follows:-
1. The application was located on former farmland. 2. The school was needed. 3. Had concerns about parking but as the location of the school was restricted cycling and walking to school was more beneficial. 4. There was a nearby community centre which could be used for parking but could be used to drop pupils off. 5. Land had been allocated to Bourne Grammar school for an all-weather pitch adjacent to the proposed application site. It might be possible to use this land for parking in and out of school time. 6. The community had waited a long time for the school.
Comments made by the Committee included:-
1. There was no reference to comments made by the fire service and their recommendation for an additional condition in connection with the supply of water to the site. 2. Was it possible for the objector to apply for an on-street parking permit? 3. It was a requirement for all buildings to have a fire certificate. 4. The dropping off of children for school was a problem with all schools but was not a valid reason to refuse approval. 5. The use of a S106/S278 Agreement for extended parking was too late to be used and the residents needed to speak to the applicant. 6. The school was needed in this area. 7. It was noted that the Vice-Chairman, who was a local Member, had not commented on the application.
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8. The concerns of the fire service in connection with the provision of water should be conditioned at the planning stage not at the building regulation stage. 9. Building regulations were the responsibility of South Kesteven District Council.
Responses by officers included:-
1. The fire service was not consulted in connection with education developments and any comments they had were picked up at the building control stage. A sprinkler tank was indicated on the plans but the issue of water in the event of a fire could be dealt with by an Informative. 2. Highways had been asked to provide a hard standing area outside of the objector's property which was owned by the developer but there had been objections from statutory undertakers.
On a motion by Councillor D C Hoyes MBE, seconded by Councillor N H Pepper, it was –
RESOLVED (12 votes for and 0 votes against)
(a) That planning permission be granted subject to the conditions detailed in the report. (b) That access to a water supply in the event of a fire be drawn to the attention of the applicant by an Informative.
78 APPLICATION FOR PLANNING PERMISSION AND LISTED BUILDING CONSENT FOR PROVISION OF NEW SERVICES CONNECTIONS, RAMPED AND STEPPED ENTRANCE, HARD STANDING AND A RAMPED FOOTPATH TO IMPROVE ACCESS TO THE BATH HOUSE AT LINCOLN CASTLE, CASTLE HILL, LINCOLN - L/0855/13
Officer responded to a comment made by the Committee stating that the provision of a lift for the disabled had been examined in the previous application for this scheme and a staircase was provided but no lift. In a scheme like this there was a balancing act.
The Chairman stated that a lift was provided near the Castle doors which allowed access for the disabled.
On a motion by Councillor M S Jones, seconded by Councillor I G Fleetwood, it was –
RESOLVED (unanimous)
That planning permission be granted subject to the conditions detailed in the report.
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79 PLANNING PERMISSION IS SOUGHT TO VARY CONDITION 5 OF PLANNING PERMISSION B/03/0648/LCC3 TO ALLOW FOR THE USE OF THE SPORTS HALL BY THE SCHOOL AND THE LOCAL COMMUNITY OUTSIDE NORMAL SCHOOL HOURS (07:30 TO 21:00 MONDAY TO FRIDAY AND 08:00 TO 21:30 SATURDAY AND SUNDAY) AT BOSTON ST BEDE'S CATHOLIC SECONDARY SCHOOL, TOLLFIELD ROAD, BOSTON - B/0263/13
Officers in response to comments stated that local residents had been informed about the opening hours and access arrangements when the planning application had originally been submitted.
On a motion by Councillor D Brailsford, seconded by Councillor D C Hoyes MBE, it was –
RESOLVED (11 votes for, 1 against and 1 abstention)
That planning permission be granted for the variation of Condition 5 as detailed in the Council's Decision Notice ref No. B5/0648/03, dated 5 December 2003, and subject to all other conditions so far as the same are still subsisting and capable of taking effect, a new condition be imposed to replace Condition 5 so as to allow the use of the sports hall by the school and the local community outside normal school hours, as detailed in the report.
80 TO VARY CONDITION 1 OF PLANNING PERMISSION (E)S35/1197/08 TO RETAIN THE VISITOR CENTRE AT THE BATTLE OF BRITAIN MEMORIAL FLIGHT PREMISES, DOGDYKE ROAD, CONINGSBY - (E)S35/1246/13
(Note: Councillor S L Palmer requested that a note should be made in the minutes that he knew some of the volunteers who worked at the Heritage Centre but that this did not prevent him from taking part in the debate or vote on this matter).
On a motion by Councillor S L Palmer, seconded by Councillor N H Pepper, it was –
RESOLVED (unanimous)
That planning permission be granted for the variation of Condition No.1 of planning permission (E)S35/1197/08 and a new condition be imposed to replace Condition No.1 to read as detailed in the report.
The meeting closed at 1.20 pm
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